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t� <br />Fi <br />1 <br />7/28/58 2 0 9 <br />MINUTES OF THE REGULAR MEETING OF THE EDINA <br />VILLAGE COUNCIL, HELD MONDAY, JULY 28, 1958, <br />AT 7:00 P.M., AT THE EDINA VILLAGE HALL. <br />Members answering Rollcall were Bank, Dickson, Kohler, Tupa and Bredesen. <br />Minutes of the Regular Meeting of July 14, 1958, were approved as submitted, by <br />motion Dickson, seconded by Tupa and carried. <br />PUBLIC HEARING ON PETITION FOR REZONING TO COMMERCIAL DISTRICT FOR PEDERSON DAIRY. <br />Affidavits of Publication, Posting and Mailing of "Notice of Public Hearing" were <br />presented by Clerk, approved as to form and ordered placed on file. Village <br />Attorney Hasselquist reviewed for the Council the matter of the Building <br />Inspector's having erroneously issued a permit, some years ago, for a pasteurization <br />plant on this property, believing it to be a proper use for this farm land inasmuch <br />as the Pedersons were dairy farmers and he believed pasteurization would be for <br />milk from the dairy farm, whereas in reality the plant has served as a pasteur- <br />ization station for other dairies and as such is a commercial operation. Mr. <br />Hasselquist told the Council that this mistake had come to the attention of <br />Village officials about a year ago, when the Pedersons applied for an addition <br />to their present plant; that the Planning Commission has considered the matter <br />for some time and has now recommended rezoning to Commercial District on the <br />grounds that the Village should not permit an illegal use of the property to <br />continue, but considering, too,-that the Village does have some responsibility <br />in originally granting permit for the plant; said rezoning to be restricted by <br />covenant to use for pasteurization plant only. He informed the Council that the <br />Pedersons have taken the legal steps necessary to place said restrictions on their <br />land; that the Pedersons have agreed'to ask for no further rezoning on their 70- <br />acre farm, with understanding that this restriction can be waived should more <br />than 50% of the surrounding area be zoned for other than Open Development District. <br />Attorney Josiah Brill, representing Pederson Dairy, was present to corroborate IM'r. <br />Hasselquist's statements. There were no objections to the proposed rezoning <br />registered at the Hearing, and no written objections had been received prior <br />thereto. Dickson offered the following Ordinance, moving that the Council <br />naive second reading thereof and adopt Ordinance as submitted: <br />ORDINANCE NO. 261 -31 <br />AN ORDINANCE AMENDING THE ZONING ORDINANCE <br />OF EDINA BY ESTABLISHING ADDITIONAL <br />COMMERCIAL DISTRICT <br />THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: <br />Section 1. Section 6, Commercial District of Ordinance No. 261 of the revised <br />ordinances of the Village of Edina, as amended, is hereby further amended by <br />adding at the end of paragraph I of sais Section 6 an additional sub - paragraph <br />as follows: <br />"(h) A tract of land rectangular in shape in the Northwest corner <br />of the tract of land hereinafter described, being 500 Ft. parallel <br />with County Road No. 18 and 300 Ft. deep, to wit: The Vilest 600 Ft. <br />of the East 1000.1 Ft. of that part of the West One -Half of the <br />Southwest One- Quarter (Wl/2 of S111/4) lying South of-the North <br />350 Ft. thereof; -and that part of the Vilest One -Half of the South- <br />west One- Quarter (W1/2 of SW1/4) lying West of the East 1000.1 Ft. <br />thereof, excluding roads, in Section 30, Township 117, Range 21, <br />Hennepin County, Minnesota." <br />Section 2. This Ordinance shall be <br />publication. <br />Motion for waiver of second reading <br />seconded by Kohler, and on Rollcall <br />Bank, aye; Dickson, aye; Kohler, ay <br />Ordinance was adopted. <br />Village Clerk <br />in effect immediately upon its passage and <br />and adoption of Ordinance as submitted was <br />there were ive ayes and no nays, as follows: <br />a; Tupa, ye; and Bredesen,19 ; and the / <br />Mayor <br />VACATION OF DO.VNIP,,IG STREET - CONTINUATION OF JUNE 23RD PUBLIC HEARING. A plan <br />entitled "A Development Plan for Village Property at the Sherwood Pump Station ", <br />dated September 23, 1957, showing in red the proposed road to be substituted for <br />present "Downing Street ", was submitted. According to plan, proposed road is to <br />be 40 feet wide, to leave Sherwood Road at the extreme Northwest end of the <br />Village -owned tract and to meander Southeasterly on a reverse curve to the <br />Wanner property at the East of the Village -owned tract, providing ingress and <br />egress for Lots 2 and 3, 71anner Addition. Planning Commision's recommendation <br />for Vacation of present Downing Street was reviewed. Mr. and Illrs. Harvey, owners <br />or one of the affected lots in Wanner Addition, were present and agreed to the <br />plan of substituting the curved road for present "Downing Street ", and Dr. <br />